Lane v. Westmoreland
Supreme Court of Alabama
Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 5th August, 1885, by Mrs. May F. Westmoreland (formerly Lane) and her husband, Theodore Westmoreland, against Mrs. Martha N. Lane and others; and sought to foreclose a mortgage, a copy of which was made an exhibit to the bill. The mortgage was dated June 16th, 1882, and was signed by all of the defendants.
Read the full summary
Appeal from the Chancery Court of Madison. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 5th August, 1885, by Mrs. May F. Westmoreland (formerly Lane) and her husband, Theodore Westmoreland, against Mrs. Martha N. Lane and others; and sought to foreclose a mortgage, a copy of which was made an exhibit to the bill. The mortgage was dated June 16th, 1882, and was signed by all of the defendants. Its recitals and condition were in these words: “Know all men by these presents, that Martha N. Lane was the owner of certain real estate hereinafter described, which was…
1Opinion of the CourtStone, C. J.
A surety, or guarantor, can not recover indemnity from the principal, or indemnitor, until he has been damnified ; in other words, until he has paid the debt; unless there is a clause in the contract of indemnity, which varies this general rule. And even a payment, improperly or needlessly made, is insufficient to fix the liability of the guarantor. To have that effect, there must be a present legal liability to pay. If the instrument sets forth the event, or contingency, on the happening of which the payment may be made; or, if, considering the entire transaction, certain future or…
2Cases cited10 opinions
- Miller v. Irby's Adm'rSupreme Court of Alabama · 1879
- Sawyers v. BakerSupreme Court of Alabama · 1882
- Shepard v. ShepardSupreme Court of Connecticut · 1825
- Hollinsbee v. RitcheyIndiana Supreme Court · 1874
- Daniel v. HuntSupreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Barth v. GrafWisconsin Supreme Court · 1898
- Smith v. PittsSupreme Court of Alabama · 1910
- Searcy v. ShowsSupreme Court of Alabama · 1920
- Doster v. Continental Casualty CompanySupreme Court of Alabama · 1958
- Smith v. McCaddenSupreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.